Western Australian Numbered Acts Western Australian Numbered Acts Delete
section 26(1a) and insert:
(2A) In making a
public sector decision the Commission must take into consideration the
following —
(a) any
Public Sector Wages Policy Statement that is applicable in relation to
negotiations with the public sector entity;
(b) the
financial position and fiscal strategy of the State as set out in the
following —
(i)
the most recent Government Financial Strategy Statement
released under the Government Financial Responsibility Act 2000
section 11(1) and made publicly available under section 9 of that Act;
(ii)
the Government Financial Projections Statement;
(iii)
any submissions made to the Commission on behalf of the
public sector entity or the State government;
(c) the
financial position of the public sector entity as set out in the
following —
(i)
the part of the most recent budget papers tabled in the
Legislative Assembly that deals with the public sector entity under the title
“Agency Information in Support of the Estimates” or, if the
regulations prescribe another part of those budget papers, that other part;
(ii)
any submissions made to the Commission on behalf of the
public sector entity or the State government.
(2B) In
subsection (2A) —
Government Financial Projections Statement means
whichever is the most recent of the following —
(a) the
most recent Government Financial Projections Statement that is —
(i)
released under the
Government Financial Responsibility Act 2000 section 12(1); and
(ii)
made publicly available in the budget papers tabled in
the Legislative Assembly under the title “Economic and Fiscal
Outlook” or, if the regulations prescribe another part of the budget
papers, that other part;
(b) the
most recent Government Mid-year Financial Projections Statement that
is —
(i)
released under the Government Financial Responsibility
Act 2000 section 13(1); and
(ii)
made publicly available under section 9 of that Act;
public sector decision means any of the
following —
(a) an
order made under section 42G that will be included in an agreement that
will extend to and bind a public sector entity or its employing authority (as
defined in the Public Sector Management Act 1994 section 5);
(b) an
enterprise order that will extend to and bind a public sector entity or its
employing authority (as defined in the Public Sector Management Act 1994
section 5);
(c) if
the matters set out in subsection (2A)(a), (b) and (c) are relevant to
the decision, any other decision that will extend to and bind a public sector
entity or its employing authority (as defined in the Public Sector Management
Act 1994 section 5);
public sector entity means either of the
following —
(a) a
public sector body as defined in the Public Sector Management Act 1994
section 3(1);
(b) an
entity that is —
(i)
mentioned in the Public Sector Management Act 1994
Schedule 1; and
(ii)
prescribed by regulations made by the Governor;
Public Sector Wages Policy Statement
means —
(a) the
Public Sector Wages Policy Statement 2014 issued by the State government that
applies to industrial agreements expiring after 1 November 2013; or
(b) if
any Public Sector Wages Policy Statement is issued in substitution for that
statement, the later statement.
(2C) The matters the
Commission is required to take into consideration under subsection (2A)
are in addition to any matter it is required to take into consideration under
subsection (1)(d).
(2D)
Subsection (2A) —
(a) does
not apply in relation to —
(i)
an order made under section 42G in respect of an
agreement proposed to be made in substitution for an industrial agreement that
specifies a nominal expiry date that is earlier than
1 November 2013; or
(ii)
an enterprise order made in substitution for an
enterprise order that provides for an expiry day that is earlier than
1 November 2013;
but
(b)
except as provided in paragraph (a), applies in relation to any public
sector decision in respect of a matter arising before, on or after the
commencement of the Workforce Reform Act 2014 section 4.
(2E)
Subsections (1)(d) and (2A) do not apply when the Commission is
exercising its jurisdiction under section 50A.